Why can't I buy Microsoft / COA "proof of licenses" on your website anymore?
On December 23, 2004, President Bush signed into law HR3632. This public law changes the wording of some existing laws which make it illegal to sell the Microsoft COA "proof of license" products.This is unfortunate for the consumer as well as our website because prior to this new legislation, the sale of genuine COAs were completely legal and an excellent way for consumers to save money on legitimate software components without having to buy the entire package costing hundreds of dollars more. The changes to this law now make it illegal to sell the COAs separate from the ENTIRE software package as it is manufactured.DirectDeals believes that this new revision of the law has no basis and will be challenged in Federal Court. Until this happens however, we will comply with the law as it is written and cease the sale of COA “proof of license” products.
What is DirectDeals doing about this?
The author of this bill is Representative Lamar Smith-R from Texas. Rep. Smith has been quoted as saying: “Even though standalone COAs have no intrinsic value or legitimate use other than to authenticate the software publisher’s genuine software, they sell on the open market for upwards of $90 or $100 or even $200 apiece because of their value to counterfeit operations. One website recently advertised a Microsoft Office COA for $225 with the statement, ‘no software included.’ Clearly, the broker offering the standalone COA knew full well that the component would be purchased by a counterfeiter and ultimately resold to an unsuspecting consumer in combination with pirated software.”We at DirectDeals believe this is a very one-sided view and a complete misrepresentation of the consumer’s use of these COA products. The COA contains a product activation key that unlocks the software package so the end user can agree to the end user license agreement and load the software. If the COA has no other use than to “authenticate the software publisher’s genuine software,” why does it contain a product activation key? Why does Microsoft require you to remove the COA from the software package and place it on your computer? Why does Microsoft consider the COA as a “proof of license” in software audits? All of these questions and more have been asked of Representative Lamar Smith with no response as of yet. We are currently looking into legal remedies but this will take some time.
How does this law affect me?
As the law is written at this time, no one (including you) will be able to transfer, sell, donate or otherwise dispose of your computer, with the software loaded on it, unless you are able to provide the person buying or obtaining the computer with a genuine copy of the entire software package as it was originally loaded on the computer. This, of course, means that you must either remove the software from the machine, which means you lose the right to use it, or you must obtain new software (the entire package) to replace any misplaced, lost or damaged software components. Doesn’t this seem like a WIN / WIN situation for Microsoft and a LOSE / LOSE situation for all of us?
How can this happen?
Microsoft and other software manufacturers have been trying to get legislation in place that would undermine or circumvent the First Sale Doctrine for years. Section 106 of the 1976 Copyright Act of 1996, commonly known as The First Sale Doctrine (http://www.law.duke.edu/journals/dltr/articles/2001dltr0018.html) is the part of the law that gives us (both our company and the individual) the rights to resell or otherwise dispose of any product that has a copyright or trademark without the consent of the copyright holder. Meaning, once the product has been sold at least one time, the copyright holder can no longer dictate how the product is sold or distributed. This new law seems to contradict the First Sale Doctrine by making it illegal to sell genuine software products and components even after the first sale has been made.This is a HUGE win for Microsoft. Not only were they able to lobby Congress to get this law written, but they did it under the radar so it had little or no publicity until the President signed it into law. DirectDeals feels like this law will most certainly be challenged in court, but as the law is written at this time, we must comply with it or risk being criminally sued for up to $25,000.00 per infringement (per COA.)
What can I do to help get this law changed?
To help change this law, you must call, write or fax Representative Lamar Smith's office and your local congressperson stating your concerns about the changes Microsoft can buy in the Laws of the United States. We have provided a contact list with the bill's sponsors as well as its author. Feel free to contact each and every one of them.Rep Lamar Smith - TX2231 Rayburn House Office BuildingWashington, DC. 20515202.225.4236202.225.8628 FaxEmail: http://lamarsmith.house.gov/contact.asp Rep Marsha Blackburn - TN509 Cannon House Office BuildingWashington, DC. 20515202.225.2811202.225.3004 FaxRep John Carter - TXOffice 408 CHOBWashington, DC. 20515202.225.3864Rep Elton Gallegly - CA2427 Rayburn HOBWashington, DC. 20515-0523202.225.5811202.225.1100 FaxRep Bob Goodlatte - VA2240 Rayburn House Office BuildingWashington, DC. 20515202.225.5431202.225.9681 FaxRep Ric Keller - FL419 Cannon House Office BuildingWashington, DC. 20515202.225.2176202.225.0999Rep Robert Wexler - FL213 Cannon House Office BuildingWashington, DC. 20515202.225.3001202.225.5974 Fax
This is bad news guys, especially if you're trying to help a friend or family member, what a bummer!
I'm 4ryan6 <b><font color=green>><></font color=green></b> and I approved this message!
<A HREF="http://forums.btvillarin.com/index.php?act=ST&f=41&t=2541&st=0#entry20385" target="_new">Specs</A>
That's bad news for charities, because that means that any systems my company prepares for charity can't have software loaded on it, even if the license is still attached to the case.
The good news is, the charity itself is responsible for making certain the computers comply with the law, so I can ignore the law and continue to act as a facilitator between the donor and the charity, and continue to provide full, working, loaded systems, with the charity themselves responsible for disabling them
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